Conditions

Conditions

TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

The following General Terms and Conditions also contain legal information about your rights under the regulations on distance selling and electronic commerce.

1. Scope
1.1. For the business relationship between Neidhardt GmbH, Managing Director: Vincent Neidhardt, Krummlandweg 10, 26209 Hatten (following “Seller”) and the customer (following “Customer”), the following General Terms and Conditions apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and objections by email at info@tenedoswatches.com
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Differing conditions from the customer will not be recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs or on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise, errors remain.

3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [add to shopping cart] button. The customer can then proceed to complete the ordering process using the [Continue to checkout] button in the shopping cart.
3.2. Using the [Buy] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.3. The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. By clicking on the “order with payment” button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order occurs together with acceptance of the order immediately after sending by automated email. The purchase contract was concluded with this email.
3.4. If the seller allows advance payment, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the buyer and seller. When paying in advance, the item is reserved for a maximum of 10 calendar days.

3 a. Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must contact us

Neidhardt GmbH, Krummlandweg 10, 26209 Hatten, info@tenedoswatches.com

inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You have the goods immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract.

to our shipping point Neidhardt GmbH, Krummlandweg 10, 26209 Hatten, 26209, Germany

to send back. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)
– To Neidhardt GmbH, Krummlandweg 10, 26209 Hatten, info@tenedoswatches.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for paper notification)
- Date
—————————————
(*) Delete what is not applicable.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts
– for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded;
– for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
– for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts
– for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
– for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery;
to deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

4. Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. Customers outside the EU should note that customs duties may be payable upon shipping, which will be added to the final price of their order.

5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the customer.
5.3. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.4. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or the customer does not request delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.5. Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment methods
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the payment methods available on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deductions.
6.3. Are third-party providers commissioned to process payments, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

6a. Vouchers

Our vouchers are valid for 1 month from receipt. They can only be redeemed for the products available at the time of redemption.

7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.

8. Warranty for material defects and guarantee
8.1. The warranty is determined by legal regulations. The statutory limitation period for warranty claims is 2 years.
8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly provided. Customers will be informed about the warranty conditions before initiating the ordering process.

9. Item descriptions
The item photographs may have slight differences from the original colors due to different hardware and software. Please note the written description.

10. Liability
10.1. The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other legal requirements for claims.
10.2. The seller is liable without limitation if the cause of the damage is due to intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
10.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.
10.5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

11. Storage of the contract text
11.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
11.2. The seller also sends the customer an order confirmation with all order details to the email address he provided. With the order confirmation, the customer also receives a copy of the general terms and conditions along with cancellation instructions and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.

12. Data Protection
12.1. The seller processes the customer's personal data for a specific purpose and in accordance with legal regulations.
12.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment details) will be used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment processes.
12.3. The customer has the right, upon request, to receive information free of charge about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, block and delete his personal data, unless there is a statutory retention requirement to the contrary.
12.4. Further information about the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.

13. Applicable Law
The law of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG), as well as any other intergovernmental agreements, even after their adoption into German law, do not apply. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office in 26209 Hatten. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the action is filed.

14. Place of jurisdiction, contract language
14.1. The aforementioned provisions regarding the right of withdrawal and returns do not apply to transactions with merchants. In these cases, the legal regulations for merchants apply.
14.2. The contract language is German.

15. Severability clause
If individual provisions of these general terms and conditions are not legally valid in whole or in part or later lose their legal validity, this will not otherwise affect the validity of the general terms and conditions. The statutory provisions shall replace the invalid provision. The same applies if the general terms and conditions contain an unforeseen gap.

16. Complaints Procedure/Dispute Resolution

Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without going to court. The dispute resolution platform can be accessed under the external link http://ec.europa.eu/consumers/odr/ . In this context, we are legally obliged to inform you of our email address. This is: info@tenedos.de